How Social Security Determines Disability - Hensley Legal Group, PC

How Social Security Determines Disability

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Finding yourself either out of work or maintaining limited work due to an injury is something no one asks for. To supplement your decreasing income, the logical solution would be to apply for Social Security disability with the Social Security Administration (SSA). Even though it may seem like a routine thing to do, the process is anything but. It requires months or even years of patience and dedication. All that patience and dedication may not even lead to a disability award in your favor. This begs the question: how does Social Security determine disability?

Five-Step Decision Process

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The SSA uses the following three criteria to determine disability:

  • You cannot do the work that you were doing before.
  • You cannot adjust to any other work because of your medical condition or conditions.
  • Your disability has lasted or is expected to last for a minimum of one year or will result in death.

All three criteria must be met for the SSA to deem you as disabled. To determine if you meet these standards, the SSA uses a five-step process.

1. Are You Working?

If you are working and your monthly income is above $1,180, then you cannot be considered for disability. The $1,180 threshold is known as proof of substantial gainful activity (SGA). Essentially, if you are meeting SGA, then Social Security believes your condition is not severe enough to prevent you from supporting yourself. If your monthly income is under SGA, then Social Security moves onto more medical-based analysis of your disability.

2. Is Your Condition Severe?

The word “severe” is trouble because how do you determine who has a more severe condition than another person? Is that possible? The SSA says that for a condition to be severe, it must “significantly limit your ability to do basic work such as lifting, standing, walking, sitting, and remembering — for at least 12 months.”

If your condition is found to be severe enough, Social Security continues in their process for determining disability.

3. Is Your Condition Found in the Listing of Impairments?

The SSA has what is often called a blue book for disabilities. This is also known as the listing of impairments. The good news is if your condition is found in the blue book, the SSA recognizes that the condition you have could be severe. If the evidence in your case (exams, records, imaging, etc) matches all of the medical criteria for that condition, you could be approved without the final two steps. Even though this listing of impairments covers conditions for each major body system, not every condition is listed. If that is the case, you will continue onto step four of the process to determine if your condition is as severe of a medical condition that is on the list already.

4. Can You Do the Work You Did Before?

It may sound like a simple question, but it is not. This step is important because it involves deciding if your medical impairment(s) do prevent you from performing any of your past work. If the SSA determines that your condition does not, then you are not disabled according to their rules; however, if it is ruled that your condition does not allow you to do any previous work, then the last step in the process is considered.

5. Can You Do Any Other Type of Work?

More factors go into this step. If it has been determined that you cannot do what you previously did in your line of work, then the SSA looks to see if there is other work that you can do despite your condition. Factors such as age, education, past work experience, transferable skills, location, etc., are considered in this step of the decision-making process. If it is determined that you can do other work based on these factors, then the SSA may decide that you do not have a qualifying disability.

Hire a Muncie Social Security Disability Attorney

Throughout all of these steps, the SSA is attempting to define “disability” by their standards; however, each case is different. If your claim has been denied because it hasn’t been determined to be “severe” enough, you may have a case for experienced attorneys to pursue. Call the attorneys at Hensley Legal Group today for a free consultation, or contact us online.

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All I had to do was reach out to Hensley and get them my information. They handled the rest. And they handled it like a pro. Hensley was great. I would recommend them to anyone who needs a good personal injury firm.

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They not only work hard on your case but treat you with respect. They make sure you understand what is happening and what to expect. I have full confidence in their legal abilities, and I am thankful for all the help they have given me.

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They not only work hard on your case but treat you with respect. They make sure you understand what is happening and what to expect. I have full confidence in their legal abilities, and I am thankful for all the help they have given me.

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I have been absolutely thrilled with the work done by my Hensley lawyer. I applied for disability, and with their expert help, I was approved in record time. They are incredibly knowledgeable about the process and I am happy I decided to retain their services, rather than trying to go it alone. They are compassionate and quick to respond to inquiries. I cannot say enough good things about them!

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I am extremely grateful for the professionalism, dedication, and support I received throughout my case. My attorney and the entire team were knowledgeable, responsive, and truly cared about achieving the best outcome possible. They kept me informed every step of the way and made a stressful situation much easier to navigate. I highly recommend this firm to anyone in need of legal assistance.

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Hensley Legal Group helped me diligently after my accident on the highway. They followed through with my case very respectfully and responsibly... I highly recommend Hensley Legal Group to anyone who was injured in a car accident.

Cindy Parks

The help and expertise I received from HLG with my disability was beyond helpful! My emails were answered promptly, and they calmed all the anxiety I had with the disability process. They handled all the paperwork for me, and because of them, I got my approval very quickly. Highly recommend them for anyone applying for disability.

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HLG are the best team to go to, whether it be trying to get disability or being in a car accident. They were there for me. No matter how many times I messaged them or had a question, they was there. Never having been in a car accident before, HLG is the team you need!

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The Hensley Legal Group helped my husband get his disability after a short time. We would like to thank you and we appreciate your professionalism!

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Hensley Legal Group handled my Disability claim. I was totally pleased with my experience with them. They were very professional and made the whole process very easy for me. Iw ill absolutely use Hensley Legal Group for any other legal issue I may have! I would give them 10 stars!!

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This team was very diligent in swift response to my initial call and after referring me to one call to Social Security for some info to file, I give my strongest recommendation to any one who can use the services they provide!

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